IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10951 OF 2025 (GM-RES)

BETWEEN:

SMT. NAGARATHNAMMA S. K.

W/O LATE HANUMANTHARAJU N.H, AGED ABOUT 39 YEARS, R/A NERALAKERE VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT 562131 …PETITIONER (BY SRI. PRADEEP J.S..,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, Digitally signed by BENGLAURU 560001 NAGARAJA B M Location: HIGH COURT OF KARNATAKA 2. THE ASSISTANT COMMISSIONER, RAMANAGARA TALUK, PRESIDING AS PRESIDENT, SENIOR CITIZEN MAINTENANCE TRIBUNAL, RAMANGARA - 562159 3. SHRI. HONNAIAH, S/O LATE HONNAPPA, AGED ABOUT 90 YEARS, R/A NERALAKERE VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562131 PRESENTLY RESIDING AT

633/62, 5^TH MAIN, 13^TH CROSS ROAD, GOVINDARAJANAGARA, M.C. LAYOUT, VIJAYANAGARA, BENGLAURU 560040 …RESPONDENTS (BY SMT. NAVYA SHEKHAR AGA FOR R1 & R2;

SMT. N. ROOPA ,ADVOCATE FOR;

SRI. N. SRIDHAR FOR C/R3)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER AT ANNEXURE - A PASSED BY THE 2^ND RESPONDENT DATED 27-02-2025 IN CASE NO- SENIOR NA.R.KAA.SUM/24/2024-25.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned writ petition is filed assailing the order dated 27.02.2025 passed by respondent No.2 - Assistant Commissioner in declaring the Gift Deed as a void document exercising the jurisdiction under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short 'Act, 2007').

2. Heard learned counsel for the petitioner, learned counsel appearing for respondent No.3 and learned AGA appearing for respondent Nos.1 and 2.

3. Facts leading to the case are as under;

The petitioner is the daughter-in-law of respondent No.3. The petitioner’s husband, namely late Hanumantharaju N.H., passed away on 17.02.2024. It is the specific case of the petitioner that respondent No.3, out of his own volition, love and affection towards his son, had executed a registered Gift Deed dated 09.11.2020, thereby transferring the subject agricultural property bearing Sy.No.9/2 measuring 1 acre 33 guntas situated at Neralakere Village, Thippasandra Hobli, Magadi Taluk, Ramanagara District, in favour of his son i.e., the petitioner’s husband.

4. The grievance of the petitioner arises subsequent to the demise of her husband. It is contended that respondent No.3, instead of honouring the transfer effected under the registered Gift Deed, initiated proceedings under Section 23 of the Act, 2007 seeking declaration of the said Gift Deed as void and further claiming maintenance of ₹10,000/- per month along with litigation expenses of ₹20,000/-. The Tribunal, without adverting to the statutory requirements contemplated under Section 23(1) of the Act, 2007, proceeded to allow the application and declared the Gift Deed as void, thereby giving rise to the present writ petition.

5. This Court has meticulously examined the recitals and covenants contained in the registered Gift Deed dated 09.11.2020 executed by respondent No.3 in favour of the petitioner’s husband. A careful and holistic reading of the document unmistakably reveals that the transfer was absolute in nature and not subject to any condition whatsoever. There is no stipulation in the Gift Deed obligating the transferee to provide maintenance, basic amenities, or physical needs to the transferor. The absence of any such condition assumes critical significance in the context of invocation of Section 23 of the Act, 2007.

6. At this juncture, it is necessary to examine the statutory framework and legislative intent underlying Section 23 of the Act, 2007. The said provision is a beneficial piece of legislation enacted to safeguard the interests of senior ci